If you face charges for elder abuse, it is crucial to understand the charges and the potential repercussions if the court finds you guilty. That will assist you in properly planning your defense, including gathering and compiling substantial evidence against your charges. The assistance of a criminal attorney could also help you secure a fair resolution in your case. Elder abuse is a serious crime, resulting in lengthy jail or prison sentences and heavy court fines. Fortunately, you can defend against your charges to prevent a conviction and the terrible repercussions that come with it. But first, let us look at how elder abuse is defined in California law.
The Legal Meaning of Elder Abuse
An "elder" is defined under California law as someone aged at least 65 years. Some senior citizens cannot care for themselves and must rely on others for their basic needs. That explains why senior citizens are especially exposed to disrespectful or damaging acts by those who are supposed to look after them. Some older adults are defenseless and unaware of how to seek assistance or report illegal activity against them. Elder abuse regulations under Penal Code 368 provide special protection for older adults. Individuals who perpetrate crimes against senior citizens face severe penalties under the law.
Laws against elder abuse do not define a specific crime or behavior. Under this statute, you could face prosecution for various acts or omissions against a person over the age of 65. Because elder abuse takes several forms, it is crucial to comprehend what constitutes a criminal offense under this legislation. Then, if you face charges of elder abuse, you will be prepared to defend yourself. You can seek the assistance and counsel of a qualified criminal attorney to better understand your options and obtain legal representation.
The following are some instances of conduct or omissions that could lead to elder abuse charges:
- Failing to feed your 90-year-old disabled father, who is unable to feed himself
- Making fun of an elderly patient under your care because they use a wheelchair and cannot defend themselves
- Fraudulently convincing your elderly mother to make you the sole beneficiary of their will
Elder abuse is a wobbler offense. It implies that, based on your criminal past and the circumstances of your case, the prosecutor can charge you with a felony or a misdemeanor.
An elder abuse charge is more lenient as a misdemeanor and will likely result in less severe sanctions if convicted. However, for the judge to find you guilty of a misdemeanor under this law, the prosecution must demonstrate the following facts beyond a reasonable doubt:
- That you purposefully and/or negligently caused a person over the age of 65 unreasonable mental and/or physical suffering
- Your actions or omissions could have affected that person's health or put their life at risk.
- You were or should have been aware that the individual was a senior citizen.
Unjustifiable mental or bodily suffering means that the suffering or pain was not merited or was excessive in the circumstances.
A felony elder abuse charge is more severe and will result in harsher punishment if you are found guilty. However, for the judge to find you guilty of your charges, the prosecution must first prove the following elements:
- That you knowingly and/or negligently caused a person over the age of 65 unreasonable mental or physical pain
- Your actions or omissions would likely cause the victim’s death or serious bodily injury.
- You were or should have been aware that the victim was an older adult.
To understand this law better, let us discuss some of its elements in more detail:
The Abuse
Remember that elder abuse can manifest itself in a variety of ways. The following are examples of common forms of abuse that could result in charges under this law:
- Physical abuse — Described as inflicting unreasonable suffering and/or bodily injury on an older adult.
- Emotional abuse — Can take numerous forms, including mocking or physically isolating an older person.
- Endangering and neglect — Placing the victim in a situation that jeopardizes their safety or health.
- Financial exploitation — Referring to financial maltreatment or fraud against a senior. It involves utilizing deception to gain a financial advantage over an older adult.
Financial elder abuse differs from other types of elder abuse. If you face charges of financial elder abuse, the prosecution must demonstrate the following facts for the judge to declare you guilty:
- You face charges for a finance-related crime, like embezzlement, theft, or fraud.
- You committed the offense against a person aged at least 65
- You were the person in charge of the elder's care; or
- You were or should have reasonably been aware that the victim was an elder.
Example: Paul, a staff member in a nursing home for older people, persuades one of his patients to lend him money. Paul has no intention of paying back the money. After receiving the money from his patient, Paul resigns and relocates to another town.
In this case, Paul is convicted of financial exploitation of an elder. He stole money from an older adult in his care. Even if no financial organizations, like banks, are involved in the abuse, taking even a small amount of money from an elder through fraud or theft is considered elder abuse.
Acting Willfully and/or with Criminal Negligence
It signifies that elder abuse is an intentional act or omission on your part. Criminal negligence means your actions were unreasonable enough to show a significant disregard for human life.
Example: James is his father's primary caregiver. The father's medical condition makes it impossible to care for himself. In such a situation, he must rely on James for all his needs, including nourishment. But James is not very fond of his father. He sometimes leaves his parents hungry and thirsty for days before they bring him something. The father was recently saved when he was on the edge of death.
The facts of the case demonstrate that James' conduct meets the definition of criminal negligence.
The prosecution cannot establish criminal negligence unless the alleged perpetrator owes the alleged victim a duty of care.
In the preceding example, if James is just a neighbor who periodically delivers food and cares for a senior, he will not be criminally negligent if the elder eventually dies of hunger. It is because, as a neighbor, James has no obligation to care for his elderly neighbor.
The Investigation and Prosecution of Elder Abuse Allegations
Charges of elder abuse are serious. Disregarding the elderly brings criminal charges, penalties, and additional consequences that will affect your life in various ways. It could, for example, influence how you interact with others. People will not want to associate with you if they discover you are cruel to a helpless individual.
Special units and agencies in California investigate and prosecute reported occurrences of elder abuse. If you are arrested for elder abuse, these agencies must gather enough evidence against you to charge you in court. It implies that your case will be handled by a professionally trained prosecutor who will file charges against you in court.
When the police receive a report of probable elder abuse, they must act quickly to stop the abuse and secure the victim's safety. They will arrest you immediately and refer your case to one of their special squads. The prosecutor will examine the contents of your case to decide whether to accept the case and press charges against you, reject the claim, or ask detectives to look into the subject further.
When determining which agency will investigate a suspected incidence of senior abuse, several considerations must be considered. Some of these elements are:
- The location where the abuse happened
- If the abuse is a misdemeanor or a felony
- The precise type of elder abuse (physical, emotional, mental, or financial)
Possible Penalties after an Elder Abuse Conviction
The penalty you will face if convicted will be determined by whether you committed a felony or a minor offense. A misdemeanor conviction for elder abuse carries the following penalties:
- Summary probation
- A maximum of one year in jail
- A maximum court fine of $6,000
- The requirement to pay restitution to the victim
A felony conviction could attract the following penalties:
- Felony probation
- A maximum of four years in prison and seven additional years if the alleged victim sustains an actual bodily injury
- A maximum of $10,000 in court fines
- The requirement to pay restitution to the victim
The judge can sentence you to probation for part or all of your prison/jail sentence. You will be obliged to follow particular probation conditions throughout your probation period. Following a conviction for elder abuse, you could face the following probation conditions:
- Not to violate any law while on probation
- To remain within the court's jurisdiction
- To provide regular reports about your performance to the court if on summary probation
- To regularly meet with the probation officer for progress reports if on felony probation
- To undergo counseling therapy or drug treatment if necessary.
It would be best if you did not breach your probation; otherwise, you could face criminal charges and further penalties. If the court discovers that you have violated one or more probation requirements, the judge will issue a probation violation to assess the cause and consequences of your actions. The judge can decide the following during the hearing:
- Continue probation but with a stern warning against further violations
- Continue probation but with new and stricter probation conditions
- To discontinue probation and send you to jail/prison for the recommended period under the law
Other Consequences of Conviction for Elder Abuse
Any criminal conviction will result in a devastating criminal record that will impact your life in various ways. A criminal record, for example, will make it difficult for you to get an acceptable job even after you have served your jail/prison sentence. It will impact where you live and the services you can use. Before employing or leasing someone, most companies and landlords do background checks on them. You can lose various opportunities to find suitable employment or a community if you have a criminal record.
A criminal conviction for elder abuse will have an impact on your social life as well. If people find out that you abused an older citizen, they will likely treat you differently. You could lose friends, family, and even the opportunity to make new acquaintances. Restarting one's life after serving time for elder abuse is difficult.
A conviction for elder abuse can also impact your immigration status. Some offenses have substantial immigration ramifications. A conviction for one of these crimes could result in deportation or make you inadmissible to the United States. Depending on the facts of your case, you could face substantial immigration repercussions if you are convicted under this law.
A felony conviction for elder abuse will also bar you from owning or purchasing a handgun. In California, convicted felons are not permitted to own or use weapons. If you already own a firearm, you will lose it if convicted.
How You Can Defend Yourself Against Elder Abuse Charges
Because of the severe ramifications of an elder abuse conviction, you must know that you can defend your accusations in court to prevent a conviction. You can do so with the assistance of an experienced criminal defense attorney. Fortunately, your criminal defense lawyer will have several legal defense methods to persuade the judge to dismiss or minimize your charges. The following are the most common of these strategies:
You Did Not Act Willfully
Remember that one of the prerequisites for elder abuse is that you committed a crime against an elder with intent. A willful act is done on purpose. You are not liable under this statute if you acted innocently or accidentally and caused mental or bodily anguish to an elder. Your defense attorney will endeavor to persuade the jury that your conduct was not criminal. If they are successful, the judge can dismiss your charges.
Your Actions Were in Self-Defense
In the circumstances involving abuse or violence, self-defense is a generally accepted legal defense technique. If you believe you or another person is in danger, you can use reasonable force against them. For example, if an elder attacks you first and you defend yourself reasonably, you are not guilty of elder abuse. However, your attorney must persuade the jury that you were in urgent danger at the time and only behaved in this manner to protect yourself from that risk. You are not guilty if this is the case.
You Face False Accusations
False charges for a serious crime like elder abuse are not rare. Someone can call the cops and make false accusations against you for motives like envy or a desire for vengeance. Suppose an angry neighbor or family member accuses you of elder abuse when you do all you can to care for an older adult. In that case, you can use this defense to avoid a criminal conviction. Remember that the district attorney must have enough evidence to prove all components of your crime beyond a reasonable doubt. The judge will clear you of all allegations if this does not occur.
Having Your Conviction Record Expunged
If you are guilty of elder abuse, you can have your criminal record wiped out to shield yourself from the negative consequences and disabilities of a criminal record. Remember that a criminal record will impact your life even after you finish your sentence.
Expungement is the process of deleting a specific conviction from your criminal record. It implies that anyone running a background check on you will be unaware of the sentence. As a result, it can protect you from future employers and landlords, who will likely treat you based on what they discover in your criminal history.
It would be best to petition the court where your conviction occurred to have your record expunged. To increase your chances of success, have your criminal attorney file a petition on your behalf. Also, ensure you have completed your jail or prison sentence and any probation.
To grant your motion, the judge will assess your performance while on probation or in jail/prison. You can apply for an early termination if you are still on probation. If your request is approved, you can file an expungement petition with the court.
Find a Skilled Van Nuys Criminal Defense Lawyer Near Me
Suppose you face charges for elder abuse in Van Nuys. In that case, it is necessary to consult with an experienced criminal attorney who can assist you in comprehending the legal ramifications of your charges. Remember that elder abuse can manifest itself in a variety of ways. Your attorney will assist you in determining whether your acts satisfy the elements of the offense. They will also help you navigate the legal system and understand your options for challenging the charges.
At Leah Legal, we handle all types of criminal matters. As a result, we have the knowledge and experience you require to navigate the criminal justice system successfully. We will also work with you to persuade the judge to reduce or dismiss your charges. For additional information on elder abuse charges and our services, please contact us at 818-484-1100.